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(영문) 제주지방법원 2014.11.28 2014고단1444
산지관리법위반
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 10,000,000 won, respectively.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the representative director of the defendant B, a corporation established for the purpose of civil engineering work, etc. on the fourth and fourth floor of Jeju.

1. A person who intends to convert a mountainous district by a defendant shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of mountainous district types, size, etc.;

Nevertheless, on May 12, 2014, from around 08:00 to around 11:00 on May 16, 2014, the Defendant converted the use of mountainous districts to convert the form and quality of mountainous districts by using human parts equipped with equipment, such as refrackers and electric saws, without obtaining permission from the competent administrative authority, to remove the standing timber in the said forest by removing the nature of the mountainous district from the ground through cutting and banking.

2. Defendant B, at the above date, at the above place, Defendant B, a representative of the Defendant, committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. One copy of the forestry register, one copy of the cadastral map, one copy of the forest information system, and one copy of the forest information;

1. The application of the relevant statutes 40 copies of a survey report on actual conditions and field photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 1 of Article 53 and the main sentence of Article 14 (1) of the Management of Mountainous Districts Act;

(b) Defendant B: Article 56 and Article 53 subparag. 1 of the Management of Mountainous Districts Act and the main sentence of Article 14(1)

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant B Co., Ltd.: Circumstances favorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The fact that efforts is made to restore the original state in accordance with the restoration plan, reflects the fact that there is no previous conviction in the same kind of mountainous district: Considering the above circumstances, circumstances such as the wide area of the mountainous district conversion, etc.

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